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TASMANIA
__________
RACING REGULATION AMENDMENT (RACE
FIELDS) AMENDMENT BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 2 amended (Commencement)
5. Section 4 amended (Section 3 amended (Interpretation))
6. Section 5 amended (Part 6A inserted)
7. Section 5A amended (Section 11 amended (General functions
and powers of TRB))
8. Section 5B amended (Section 22D amended (Persons may
appeal to IAB against decisions of Director))
9. Section 6 amended (Section 109 amended (Regulations))
[Bill 35]-I
2
RACING REGULATION AMENDMENT (RACE
FIELDS) AMENDMENT BILL 2009
(Brought in by the Minister for Police and Emergency
Management, the Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Racing Regulation Amendment (Race
Fields) Act 2008
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Racing Regulation
Amendment (Race Fields) Amendment Act 2009.
2. Commencement
This Act commences immediately after the
commencement of the Racing (Tasracing Pty
Ltd) (Transitional and Consequential
Provisions) Act 2009.
[Bill 35] 3
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3. Principal Act
In this Act, the Racing Regulation Amendment
(Race Fields) Act 2008* is referred to as the
Principal Act.
4. Section 2 amended (Commencement)
Section 2 of the Principal Act is amended by
omitting "a day to be proclaimed" and
substituting "1 July 2009 but, if the Racing
Regulation Amendment (Race Fields)
Amendment Act 2009 does not receive the Royal
Assent on or before that day, this Act is taken to
have commenced on that day".
5. Section 4 amended (Section 3 amended
(Interpretation))
Section 4 of the Principal Act is amended as
follows:
(a) by inserting "information" after "field" in
the definition of "approval application"
in paragraph (a);
(b) by inserting "information" after "field"
in the definition of "race field publication
approval" in paragraph (c);
*No. 32 of 2008
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(c) by omitting the definition of "Tasmanian
race field" and substituting the following
definition in paragraph (f):
"Tasmanian race field information"
means information that identifies,
or is capable of identifying, the
name or number of a horse or
greyhound -
(a) as a horse or greyhound
that has been nominated
for, or that will otherwise
take part in, a race
intended to be held at any
race meeting in Tasmania;
or
(b) as a horse or greyhound
that has been scratched or
withdrawn from a race
intended to be held at any
race meeting in Tasmania;
(d) by omitting the definition of "wagering
operator" and substituting the following
definition in paragraph (h):
"wagering operator" means -
(a) a bookmaker; or
(b) a person who operates a
totalizator; or
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Racing Regulation Amendment (Race Fields) Amendment Act
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Act No. of
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(c) a person who operates a
betting exchange; or
(d) a person who operates
such other form of
wagering as may be
prescribed -
who holds a licence or other
authority (however described)
that relates to wagering under the
legislation of this State or any
other State or a Territory.
6. Section 5 amended (Part 6A inserted)
Section 5 of the Principal Act is amended as
follows:
(a) by omitting "FIELDS" from the heading
of Part 6A and substituting "FIELD
INFORMATION";
(b) by inserting the following section before
section 54A:
54AA. Interpretation - publishing of
Tasmanian race field information
For the purposes of this Part, a
wagering operator publishes
Tasmanian race field information
only if the wagering operator,
whether in Australia or
elsewhere -
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(a) communicates any
Tasmanian race field
information to a person
(regardless of whether the
person already knew the
information); or
(b) acknowledges or confirms
any Tasmanian race field
information to a person
(including acknowledging
or confirming the
information by accepting,
or facilitating the making
of, a bet); or
(c) makes a written or
electronic record (such as
a betting ticket, statement
of account or notice) that
contains or refers to any
Tasmanian race field
information (regardless of
whether the record is
communicated to any
person); or
(d) uses any Tasmanian race
field information in a
manner prescribed by the
regulations; or
(e) causes any of the
activities referred to in
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paragraphs (a), (b), (c) or
(d) to occur.
(c) by omitting "fields" from the headnote to
section 54A and substituting "field
information";
(d) by omitting "person" (twice occurring)
and substituting "wagering operator"
from subsection (1) of section 54A;
(e) by omitting "a Tasmanian race field"
from subsection (1) of section 54A and
substituting "Tasmanian race field
information";
(f) by inserting "information" after "field" in
paragraph (a) of subsection (1) of section
54A;
(g) by omitting "person" and substituting
"wagering operator" from subsection (2)
of section 54A;
(h) by inserting "information" after "field"
in the headnote to section 54B;
(i) by omitting "person" (twice occurring)
and substituting "wagering operator"
from subsection (1) of section 54B;
(j) by omitting "a Tasmanian race field"
from subsection (1) of section 54B and
substituting "Tasmanian race field
information";
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(k) by inserting "information" after "field" in
subsection (2) of section 54B;
(l) by omitting "the TRB" and substituting
"Tasracing" from paragraph (a) of
subsection (2) of section 54B;
(m) by omitting "the TRB" and substituting
"Tasracing" from subsection (3) of
section 54B;
(n) by inserting "information" after "field" in
subsection (4) of section 54B;
(o) by omitting subsection (4A) of section
54B and substituting the following
subsections:
(4A) Subject to subsection (4B), the
Secretary of the Department is to
pay to Tasracing within the time
agreed by the Secretary of the
Department and Tasracing any
fee payable under a race field
information publication approval,
less an administration fee of not
more than the prescribed
percentage of the firstmentioned
fee.
(4B) If the Treasurer considers it
appropriate, the Treasurer may
direct the Secretary of the
Department in writing to defer
payment to Tasracing of any fee
payable under a race field
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information publication approval
for such period as the Treasurer
determines.
(p) by inserting "information" after "field" in
subsection (5) of section 54B;
(q) by omitting "the TRB" and substituting
"Tasracing" from subsection (5) of
section 54B;
(r) by inserting "information" after "field" in
subsection (6) of section 54B;
(s) by inserting "information" after "field"
in the headnote to section 54C;
(t) by omitting "person" and substituting
"wagering operator" from subsection (1)
of section 54C;
(u) by omitting "a Tasmanian race field may
apply to the Director for a race field"
from subsection (1) of section 54C and
substituting "Tasmanian race field
information may apply to the Director for
a race field information";
(v) by inserting "information" after "field" in
subsection (2) of section 54C;
(w) by inserting "information" after "field" in
subsection (5) of section 54C;
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(x) by omitting "person" and substituting
"wagering operator" from subsection (1)
of section 54D;
(y) by omitting "person" and substituting
"wagering operator" from paragraph (a)
of subsection (1) of section 54D;
(z) by inserting "information" after "field" in
paragraph (a) of subsection (1) of section
54D;
(za) by inserting "information" after "field" in
paragraph (b) of subsection (1) of section
54D;
(zb) by inserting "information" after "field" in
paragraph (c) of subsection (1) of section
54D;
(zc) by omitting "person" and substituting
"wagering operator" from paragraph (c)
of subsection (1) of section 54D;
(zd) by inserting "information" after "field" in
paragraph (d) of subsection (1) of section
54D;
(ze) by omitting "person" and substituting
"wagering operator" from paragraph (d)
of subsection (1) of section 54D;
(zf) by inserting "information" after "field" in
paragraph (c) of subsection (6) of section
54D;
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(zg) by inserting "information" after "field"
in the headnote to section 54F;
(zh) by inserting "information" after "field" in
section 54F (twice occurring).
7. Section 5A amended (Section 11 amended (General
functions and powers of TRB))
Section 5A of the Principal Act is amended by
inserting "information" after "field" in paragraph
(qa).
8. Section 5B amended (Section 22D amended
(Persons may appeal to IAB against decisions of
Director))
Section 5B of the Principal Act is amended as
follows:
(a) by omitting "person to publish a
Tasmanian race field" and substituting
"wagering operator to publish Tasmanian
race field information" from paragraph
(ka);
(b) by inserting "information" after "field" in
paragraph (kb);
(c) by inserting "information" after "field" in
paragraph (kc).
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9. Section 6 amended (Section 109 amended
(Regulations))
Section 6 of the Principal Act is amended as
follows:
(a) by inserting "information" after "field" in
subparagraph (i) of paragraph (i) in
paragraph (b);
(b) by inserting "information" after "field" in
subparagraph (ii) of paragraph (i) in
paragraph (b);
(c) by inserting "information" after "field" in
subparagraph (iii) of paragraph (i) in
paragraph (b);
(d) by inserting "information" after "field" in
subparagraph (iv) of paragraph (i) in
paragraph (b);
(e) by inserting "information" after "field" in
subparagraph (v) of paragraph (i) in
paragraph (b).
Government Printer, Tasmania 13